Example sentences of "[noun pl] [prep] the present case " in BNC.
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| 1 | Applying those considerations to the present case , their Lordships are of the view that since the plaintiff was well aware that the defendants would be acting also for other vendors of comparable properties and in so doing would receive confidential information from those other vendors , the agency contract between the plaintiff and the defendants can not have included either ( a ) a term requiring the defendants to disclose such confidential information to the plaintiff or ( b ) a term precluding the defendants acting for rival vendors or ( c ) a term precluding the defendants from seeking to earn commission on the sale of the property of a rival vendor . |
| 2 | The principle indicated in those cases was a long way from the circumstances of the present case and was far from warranting the conclusion that by making a photocopy of a document which in the hands of the maker of the photocopy was not privileged , and then sending the photocopy to a solicitor for the purposes of obtaining advice , privilege was thereby cast on the copy sent to the soicitor . |
| 3 | In the circumstances of the present case there was either no breach , or no breach sufficiently substantial to be capable of triggering exclusion . |
| 4 | There is a considerable tract of authority , both in England and in other jurisdictions , which must be examined in order to ascertain whether or not the circumstances of the present case fall within Lord Wright 's principle . |
| 5 | It was pointed out in argument that , pursuant to regulation 7 of the Income Tax ( Building Societies ) Regulations 1986 , tax which was due but not paid on or before the due date could have been the subject of an assessment on Woolwich under paragraph 4(2) or ( 3 ) of Schedule 20 to the Finance Act 1972 ; but for the reasons I have already given any such assessment would , in my opinion , have been a nullity in the circumstances of the present case . |
| 6 | But in addition there is an immediate opportunity for the authorities concerned to reformulate , in collaboration with the Law Commission , the appropriate limits to recovery , on a coherent system of principles suitable for modern society , in terms which can ( if it is thought right to do so ) embrace the unusual circumstances of the present case . |
| 7 | However , if one looks at section 3 it is — we do not need to decide the point — at least doubtful whether it would apply to the circumstances of the present case , because the requisite intent which has to be present before section 3 is breached is the intent under subsection ( 2 ) of section 3 , ‘ ( a ) to impair the operation of any computer ’ — that clearly does not apply to what the respondent did here — ‘ ( b ) to prevent or hinder access to any program or data held in any computer ’ — that again clearly does not apply to what the respondent did here — and ‘ ( c ) to impair the operation of any such program ’ — that does not apply here . |
| 8 | Mr. Collins argues that this applies in the circumstances of the present case . |
| 9 | In other words , in the circumstances of the present case the wishes and feelings of W. , considered in the light of her age and understanding , are the first of the factors to which the court must have regard , but the court must have regard also to such of the other factors as may be relevant when discharging its overall responsibility for W. 's welfare . |
| 10 | ’ Nor did Vinelott J. think that a taxation on the indemnity basis under Ord. 62 , r. 12(2) would do justice to the contractual right of the defendants in the present case . |
| 11 | He abandoned speculation firmly and concentrated on the implications for the present case , since he was plainly being offered expert testimony . |
| 12 | The points I have endeavoured to make regarding the scope of orders that can be made under section 6(2) have implications for the present case . |
| 13 | But the implications for the present case are not entirely the same . |
| 14 | It is not necessary for the purposes of the present case for your Lordships ' House to decide whether the Bourgoin case [ 1986 ] Q.B . |
| 15 | Nor do I think it necessary to consider for the purposes of the present case to what extent the common law may provide the public authority with a defence to a claim for the repayment of money so paid ; though for the reasons I have already given , I do not consider that the principle of recovery should be inapplicable simply because the citizen has paid the money under a mistake of law . |
| 16 | That having been said , where gaps appear in the Code it would be better for them to be filled by a change in the Code itself rather than by judicial interpretation , for it must not be forgotten that breach of the Code is a disciplinary offence and it would be unfortunate if the officers in the present case , who were rightly not made the subject of any criticism by the court , should even in theory be liable to disciplinary proceedings . |
| 17 | Held , dismissing both appeals , Findlay : ( 1 ) the judge had accepted the custody officer 's evidence that the notes in the pocket book were shown to Findlay , though he was at that time incommunicado ; and Code C 12.12 in its unamended form ( which governed this case ) only applied to interviews at police stations so that it did not require the notes in the present case to be shown to him : Brezeanu & Francis [ 1989 ] Crim.L.R. 650 . |
| 18 | It was an essential element of the cause of action in such circumstances that the governmental plaintiff establish that the public interest would suffer detriment in the absence of a remedy ; ( 9 ) in failing to have proper regard to the legislative purpose of section 222(1) of the Local Government Act 1972 by which Parliament could not have intended to authorise a local authority to bring libel proceedings , a fortiori where it had suffered no actual financial loss ; ( 10 ) having regard to the scale of costs likely to be incurred it could never be in the interests of the inhabitants of the area for the local authority to mount an action for libel in such circumstances , and certainly was not in their interests in the present case where no injury was alleged to the superannuation fund . |
| 19 | … The proceedings in the present case are for the direct purpose of handing the appellant over so that he may be dealt with on these charges . |
| 20 | that I would also put it on in relation to your , to , to , to , to , to your Lordship and to considering the matter in interim , your Lordship has er , erm , er heard er the information that had been put forward er by the society , you have seen the er information about the position the commission has taken , your Lordship knows that the commission was informed about both the act and all the relevant byelaws in the present case , the precursored , the central fund byelaw was informally proved by the commission Mrs has sworn on affidavit that the society has never been given any indication that the matters in issue in the European Law Defence are contrary to competition rules and your Lordship also has the answer by the commission to the European parliament which is exhibited to Mrs affidavit and which I took your Lordship to earlier and of which judicial note can be taken by virtual section three , two of the European communities act , so my Lord we say that there is already a body of information which provides a basis if one has to consider what should be done in the interim of saying that in the interim the application of the act and the application for byelaws should be maintained , the third element my Lord is the intimate link between the recoveries of money for the central fund , er under the byelaw and the implementation of the United Kingdom 's operations under directive seventy three , two , three , nine , we 've been over this before my Lord erm , my Lord is , is aware of the intimate link er between the er recovery of monies to central fund , the maintenance solvency and the paying of policy holders . |
| 21 | It was known , too , she said , that medical examinations on the nine children in the present case , had revealed no signs of abuse . |
| 22 | It is against this background of law and authority that the security documents in the present case must be construed . |
| 23 | However , we do not think any of the security documents in the present case should be so construed . |
| 24 | Mr. Browne 's first contention is that the P.C.A. documents in the present case fall into essentially the same category as those in Peach 's case [ 1986 ] Q.B . |
| 25 | The facts of the present case demonstrated the importance of , among other things , discovering during the trial whether alleged misconduct by the police had had any effect upon the evidence and any likely bearing on the result . |
| 26 | On the facts of the present case the judge was , in my opinion , fully entitled to decide that , in the exercise of his discretion , no undertaking in damages should be required of the council . |
| 27 | Whether or not there is an agreement must depend on the facts of the particular case , and whether or not the decision of Vaisey J. was correct I consider that the facts of the present case , including as they do the letters of 12 June and 15 September 1986 , are not consistent with an agreement on the lines suggested . |
| 28 | ‘ I feel sure that if the Corporation of Exeter had had the facts of the present case brought before them they would never have insisted upon the payment of a toll which they clearly would have had no right to insist on if the plaintiff had but claimed exemption upon landing the limestone . |
| 29 | Section 33 of the Taxes Management Act 1970 , even if it applies to composite rate tax , is not applicable for a number of reasons , not least that no valid assessment could be made under an invalid regulation , that no assessment was in fact made and that , even if made , the assessment could not on the facts of the present case have been said to be ‘ excessive by reason of some error or mistake in a return : ’ section 33(1) . |
| 30 | Returning to the facts of the present case , we start with a document signed by Mr. Mahmoud and accepted by the landlord . |